blacklistedbully
04-07-2016, 08:02 PM
I actually posted this on another thread, but am hoping this will get seen and answered by the right folks.
I've read a few posts about people complaining about the $100 fine due if a FOIA or similar state version is not met with compliance. The issue being, such a small fine is no deterrent, making it easy for Ole Miss to indefinitely avoid releasing the documents.
But I got to thinking what would or could occur if that did happen. So, this is what I'm thinking:
The thing to do is file the FOIA request, then when they fail to comply go to a judge, who would likely instruct Ole Miss or their law firm to comply with the FOIA request post-haste, and pay the $100 fine.
If there was still non-compliance, the requester could seek civil contempt charges against Ole Miss and their representation. That could then expose them to an additional, larger fine, not for the FOIA breach, but for Contempt of Court. Now you're also talking possible jail time until they comply. I don't think Ole Miss or their lawyers would want the media hit they would get from something like that, nor do I think they would want to risk leaving it in the hands of a judge to decide whether or not he will throw one of them in the pokey until they obeyed the court order.
Can you imagine if that happened? Is it possible from a legal POV?
I've read a few posts about people complaining about the $100 fine due if a FOIA or similar state version is not met with compliance. The issue being, such a small fine is no deterrent, making it easy for Ole Miss to indefinitely avoid releasing the documents.
But I got to thinking what would or could occur if that did happen. So, this is what I'm thinking:
The thing to do is file the FOIA request, then when they fail to comply go to a judge, who would likely instruct Ole Miss or their law firm to comply with the FOIA request post-haste, and pay the $100 fine.
If there was still non-compliance, the requester could seek civil contempt charges against Ole Miss and their representation. That could then expose them to an additional, larger fine, not for the FOIA breach, but for Contempt of Court. Now you're also talking possible jail time until they comply. I don't think Ole Miss or their lawyers would want the media hit they would get from something like that, nor do I think they would want to risk leaving it in the hands of a judge to decide whether or not he will throw one of them in the pokey until they obeyed the court order.
Can you imagine if that happened? Is it possible from a legal POV?